tv [untitled] February 3, 2013 3:00am-3:30am PST
ordinance and the regulations, the only penaltis that require a showing of prior violations in order to increase are the administrative fines. from the very first infraction the department of public health has the discretion to revoke a massage permit. the fact it hasn't in this case despite repeated violations, discovered both by the public health inspectors and in operations with the police is a gift. it is a gift from the department of public health that that permit will still exist after this hearing, if the decision here is upheld. i really don't think there is any ground to reduce the penalty. i think if anything, the penalty is still quite gracious. you have a repeat violator in
front of you. she is unpreentent and keeps doing it. the attempts to nit pick with the hearings and was everything that we did absolutely perfect? no, but that is not the standard. she certainly had a fair hearing. she certainly had an opportunity to present her case to dph and if she didn't, she certainly had that unt opportunity and more before you. i don't think there is any grounds to overturn the hearing officer's decision and i hope you agree. >> thank you >> are you aware of any other suspensions? how often do these type of establishments have violations and is there a normal standard of suspension or track record? >> i'm not prepared to talk about all of dph's massage cases. i am prepared to talk about this one.
i can have ed walsh talk about that one. he is the inspector. >> okay. >> would you like him to? >> if he is able to answer that question. >> are you? >> yes. >> good evening commissioners. i'm ed walsh, i'm the senior environmental health inspector of the massage program for about 8.5 years. i have 28 years' experience as being a city employee with the city and county of san francisco, as a health inspector. regarding penalties for violations, we have a number of violations that we look for, and we fine people or suspend permits. most common violations are practitioners without proper attire, practitioners that don't have licenses and for
violations of employeing unlicensed practitioners. those violations usually incur a fine of maybe $1,000 at the first offense and goes all the way up to $5,000 for the third repeat offense. in the two-year period, we keep track of those violations and when we find them, we bring them to the hearing, and appropriately request those penalties. in the case of illegal activities such as prostitution, the fines are a little more stringent and it gives us the opportunity to suspend or revoke permits, if there is prosecution. i'm here to answer questions >> my question is how often are suspensions given for these? >> probably in the last year or so, this is the first one we
have suspended this year. we have closed a lot of facilities for operating without permits. but as far as suspensions, or revocations, this year, this would be the first one. >> for 2012? >> for 2012, i believe there was probably one also. >> and how long was that suspension for? >> i think mr. horcher was referring to the palm tree. i think that was for prostitution and that was originally it was a 30-day suspension. >> okay. thank you. >> thank you. counselor, i had a question for you. you do not or maybe you do. do you dispute the case history against this establishment in terms of what had been -- which cases have been thrown out and which ones have been
carried forth? he indicated the three in his brief, the previous years. >> in terms of the police reports? >> yes. >> actually, i don't take a position on that, because i did not run those down. and the reason was that his argument in that case was that you had to prosecute a case all the way to conviction for it to count. and that is actually not the legal standard. and so i didn't -- i didn't spend my resources tracking down the ultimate disposition of those cases. it is enough for the hearing officer to find that those prior violations occurred regardless of whether or not they eventually led to a conviction. and the hearing officer could properly make that finding based on the sworn police report in front of him. there is case law clearly on point that says that is an appropriate basis and
substantial evidence for administrative fact-finding, both the sworn declaration of the police officer and the police officer relating the testimony of other people who had been in the vice team who also participated. so can i say for sure what happened in those cases? no, i can't, but there is no indication that the factual predicate was wrong. it was proper. >> statement sorry, one last question. was there a fine that was levied towards the ceo? >> yes, there is a $2500 fine being levieed >> thank you. >> thank you. commissioners barring any
further questions, the matter is submitted. >> might i make clear to the commissioners what is before you tonight is the permit itself. but the board has not given you jurisdiction over the fee part of this. so it's really the suspension of the permit that you get to decide on. >> thank you. >> and also, just for clarification, we have no jurisdiction to reduce the penalty? >> right. >> that is correct. up or down? >> i'm sorry, clarification. >> there is no reduction. we have no authority up or down? >> you can modify it. >> yes. you can modify the suspension, but not the fee, the fine, the money. >> thank you. earlier i misunderstood. thanks. >> i mean, are we having conversation? >> yes, please >> looking and going over the file, evidently, this is not
the first or the second, or the third. but the reason why i asked for previous background regarding suspensions is that is somewhat of a standard that has been set to follow along with what has been given in the past. i don't know regarding, i guess, the three palms or six palms, how many times they had been caught for violations. so i'm not sure if we go from 30 to 90, if that is appropriate, or if it is appropriate, that is my feeling. and so i'm not sure. i will leave it to the rest of the commissioners for me to hear some more dialogue. >> i think my issue is sort of recidivism issue. so 90-day suspension is not a year.
it's into not a revocation. it's somewhere in between. i find persuasive the briefing of the city attorney on the notice issue, as well as uncompelling the briefing on the jurisdiction issue on the part of the appellant. as far as the penalty itself, my generinclination is to uphold as it is. >> i would agree with that. i feel there have been multiple efforts to try to stall on this, to somehow set up a case where there wasn't going to be jurisdiction. i believe the deputy city attorney forewarned us about that at the last hearing. i think we were generous in allowing this case to be delayed for change of counsel and proper briefing.
but i continue to be persuaded by the facts and what i have read, that this is a series of violations and this is an appropriate suspension. >> okay.it's interesting in terms of history, because this board back in the '80s, every meeting there would be a suspension or a revocation case related to a massage establishment? >> when was this. in the '80s and mimes more sometimes more than one. i don't know if the numbers has gone down or they are obeying the law more. >> you did your job in the '80s. >> the question here, i don't think there has been a lot of dispute over the incidents.
there is probably some dispute over the exact happenstance over the more serious incident and therefore, i accept that there has been a number of issues here that warrant some level of penalty. the contrary side to that is the fact that there were some due process issues. one in terms of the 20 days. and i was also not overly impressed by the nature of the hearing process that i read in the transcript. it was not very well-done and i didn't think it was just an issue of language, but what i read into statements. how people were directed. how they were allowed -- and i didn't find it very appropriate to a city agency in terms of how we deal with our citizens, no matter how guilty they may
be. so i would probably, based on that, as a counter, and i don't disagree that they have found significant incidents that warrant penalty, but i would reduce the penalty, just because of the due process issues. >> what is your proposal? >> i would reduce it to 30 days. >> you want to bargain 60? >> split it at 45? >> i could get behind 60. >> split it or 60? >> 60. >> i'm comfortable with 60. >> i'm comfortable with 90, but i'm go to 60. >> i accept. i would move to uphold the appeal and reduce the penalty to 60 days suspension.
do you need findings? >> would that be on the basis? >> on the basis that the notice was faulty. >> okay. >> i can't get behind that basis actually that the notice was faulty. >> what would you? >> i would say that there were questions raised regarding process at the hearing level, but not notice. >> all right, due to questions related to process. >> okay. we have a motion from commissioner fung. to grant this appeal and reduce the suspension from 90 days to 60 days on the basis of questions related to the process at the departmental hearing. >> yes.
thank you. >> on that motion to reduce president hwang? >> aye. >> and commissioner hurtado is absent. vice president lazarus? >> aye. >> commissioner honda? >> aye. >> the vote is 4-0 and the suspension is reduced to 60 days. >> there is no further business. >> thank you, this meeting is adjourned.
[ applause ] >> okay. good afternoon afternoon. it is my pleasure to welcome you all here on behalf of the board of directors of st. anthony foundation. this is the groundbreaking for our brand-new dining room with mercy housing 90 units of affordable housing for seniors. [applause] [applause] this is one of the finest examples of collaboration in the non-profit sentor sector and i'm proud to be part of it. on behalf of the board of directors of st. anthony
foundation, i want to offer our greatest gratitude and appreciation for all your help. thank you. [ applause ] >> good afternoon everybody. doug shoemaker the president of mercy housing foundation and this is a fabulous day. it doesn't get more complicated than the scenario we put together here. that is the san francisco way. if you can do it simply, you wouldn't want do it. [ laughter ] >> so we have tried to make it complicated, but the result is going to be an unbelievable, unbelievable community asset really what st. anthony and mercying housing and what all of our partners are about. there are so many people here that one of the things we're going to have to live with today a long list of thanks. not everyone will speak, but i want to acknowledge many of the people who here today. we're blessed to have leader
nancy pelosi here. who has been a huge leader. [ applause ] mayor lee, and it seems like we might have a quorum with the board of supervisors. i'm sure there is no work getting done over there today because we have been blessed with so many. supervisor kim, supervisor yeee, supervisor cohen and supervisor dufty and those are just too name a few. for mercy, these opportunitis are just few and far between. we were talking earlier, barry and i about how many people st. anthony's sees on a regular basis. these 89 affordable housing units and one manager's unit is an unbelievable accomplishment. and the sad thing it's just a drop in the bucket compared to the need we have.
i think all of you know that, which is why you are here today. we're blessed to have the leader here today and i wish all your colleagues in congress could be as supportive as you have been over the years so people would understand the need. unfortunately with the situation that we have nationally, the funding for programs like this are really stretched and there is a lot the doubt if we'll see more of this funding in the future. it's phenomenal to have such a champion here today with us to bring that word back to the folks. [phra*-uplt/] >> i'm going to do more thank yous as we go through the process, but i wanted to just turn it over to barry to talk a little bit about this from the st. anthony's perspective. >> thank you, doug. it's already been said a number of times already today, this is exciting. many of us have been waiting a long, long time for this day. of course we're all here today to celebrate something new.
but when i look out on all of you gathered here, i see something very familiar about this gathering. yes, we're here to break ground on something new, a new buildings that will house the new st. anthony's dining room and 90 units of affordable housing for our seniors, sponsored by mercy. but when i look out and i see all of these different people gathered here, jones and golden gate, i'm sorry struck by how in so many ways it's very normal and natural. there is nothing different about today than other days. people hanging out, on this corner, is nothing new. yes, a new venture with mercy housing and st. anthony foundation in a very innovative and exciting collaboration. but also something very familiar.
the francisans and sisters of mercy stepping up to help san francisco. [ applause ] there are some great old photos from right after the 1906 earthquake, and fire. one of them shows a line of people going right up the street here, on golden gate avenue, waiting for the francisans to feed them out of the rectory door of st. boniface and another photo of mercy sisters standing at a tent in golden gate park as they administered medicines and help to needy after the earthquake. for years this corner has been the place where people who have a little something extra come and share with those who have very little. in 1950 father alfred stood where they are standing today and recognized the dignity, and the struggles of those out of
work, veterans suffering the effects of world war ii and those battling addictions. he brought together civic leaders, hotel owners, captains of industry, and willing volunteers from the painters and electrical unions and that coming together on this street corner became st. anthony's dining room. after a few years, because there always seemed to be enough food to feed everyone, no one was ever sent away empty. this coming together became known as the miracle on jones street. our presence here today signals to all of san francisco that the miracle continues. we're not turning water into wine. we're not turning water into wine, not that kind of miracle. no we're transforming old auto body shops into a state-of-the-art dining room and homes for our senior citizens. the miracle continues.
[ applause ] we're not walking on water or raising the dead, but we are building homes and providing clothing and social services that will help people live lives of dignity and meaning. the miracle continues. we're not feeding thousands on the hillsides. wait, we are feeding thousands on the hillsides. [laughter ] on these slopes between nob hill and market street. the miracle continues as we construct the facility where another generation of san franciscans will come to reach out to those in need. the miracle continues. the miracle must continue, because we still have $2.5 million to pay the contractors
to build this building. let this gathering here today be a statement of our confidence that this miracle will continue and that we will raise the needed funds to complete this project. we must be miracle workers. so again, it's very exciting to see that today we are gathering at this blessed corner. i want to thank all of you for coming. the people who are responsible for this new building are here today. those who had the idea for it, those who designed it, those who donated or lent the funds to ensure its construction, the builders, and those who will benefit from it. some will speak today or be formally recognized, but in the tradition of this corner, and what has happened here for so long, people coming together, i want all of you now to turn to one another and congratulate yourselves. shake your neighbor's hand and say thank you for making this
possible. thank you. this coming together would not be that, namely a coming together, if we did not hear from one of our guests. one the people who benefit from the programs that we at st. antony's and mercies provide. i will introduce tyrone hopper, a graduate from the father alfred center, st. anthony's drug and rehab program. he presently works for the city and county of san francisco and this year will graduate with a ba in criminal justice. [ applause ] tyrone freelances as an interpreter in spanish
including on-call assignments for the united nations, and he expects to be certified in mandarin next year. please welcome tyrone. [ applause ] >> good afternoon everybody. i have to say i'm a bit overwhelmed today to be sharing the same stage with nancy pelosi, ed lee, susan coretand to look out here and see this sea of humanity and have people cheering for me. [ applause ] i'm overwhelmed and i'm humbled because just four years, nine months and six days ago, i was smoking crack. that is right. i was a drug addict. and almost five years later, here i am.
miracles do happen! [ applause ] 60 years ago father alfred had a vision. it started with his compassion for those in need. the vision was and still is for those in need to come out of poverty, and to thrive. this vision since 1950 has been giving those in need the natural and the spiritual food that they need in order to thrive. i am now thriving because of the vision of father alfred. [ applause ] >> i came through st. anthony's through the father alfred center, the drug and alcohol rehabilitation center
and i was instilled with values and morals that i was separated from through my drug use. after coming to the father alfred center they put me to work in the dining center. i was not easy work, but gratifying and i got to hear the people actually say thank you for the work i was doing, but remember a short time before that i was on the streets, smoking crack. and now, today, i am able to come here and to give back to a foundation that gave so much to me. [ applause ] the clinic helped gave me medical and make sure everything was working okay and i was fit and in top shape. the tech lab got me acquainted with computers and email and google and facebook. and all of those things that we
can't live without, right? social services got me back acquainted with getting my drivers' license back, because while i was on drugs i had lost my driver's license. and how many of you know that in california it's really hard to get around without a car? can i get a witness? >> amen. >> i know work for the city and county of san francisco. i work over at san francisco general hospital, in the dietary department. i have been there for almost three years. [ applause ] >> i will be graduating from the university of phoenix this year with a degree in criminal justice. and as barry has already told you i freelances an interpret. he said that the dead are not resurrected here. i stand here before you to let you know that the dead will be resurrected. because my life was over before
i came here and it has been resurrected all today. [ applause ] thank you very much for taking the time to listen to me. my name is tyrone and i'm under construction. god speed to you all. [ applause ] >> thank you, tyrone. whew. [ [ laughter ] >> it is my distinct pleasure to introduce to you today one of